Ordinance No. 11-12

Introduced: April 28, 2011
Public Hearing: May 23, 2011
Status: Adopted

An ordinance of the Township of Vernon, County of Sussex, State of New Jersey, regarding the establishment of a municipal utilities authority

WHEREAS, N.J.S.A. 40:14B-1, et seq. provides that a municipality may, by Ordinance duly adopted, create a public body corporate and politic, said public body corporate and politic being a Municipal Utilities Authority; and

WHEREAS, the Mayor and the Council of the Township of Vernon have determined that it is in the best interest of the Township of Vernon to so establish a Municipal Sewer Utility Authority to provide for the collection and disposal of sewerage and wastewater; and

WHEREAS, the Council of the Township of Vernon had determined that the establishment of a Municipal Sewer Utility Authority will foster transparent policy and capital planning, separate accounting for the costs of the sewer system and utility operation; and

WHEREAS, the Township of Vernon does not currently have a Municipal Utilities Authority established;

NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Council of the Township of Vernon, County of Sussex, and State of New Jersey, that the Code of the Township of Vernon is hereby amended as follows:

SECTION I The Code of the Township of Vernon is hereby amended to create a new Section, said Section being Section 528-1, as follows:

§528-1. Sewer Utility Authority Created; Purpose.

  1. Pursuant to the Municipal and County Utilities Authority law, N.J.S.A. 40:14B-1, et seq., there is hereby created a public body corporate and politic as an agency and instrumentality of the Township of Vernon, County of Sussex, State of New Jersey, under the name and style of the Vernon Township Municipal Sewer Utility Authority.
  2. While the purpose of a Municipal Utility Authority may include other areas pursuant to N.J.S.A. 40:14B-19, the Vernon Township Utility Authority is established for the sole purpose of having authority and jurisdiction over the billing, policy, maintenance, and planning for the Township’s existing sewer system and future extensions within the sewer service area as set forth in Sussex County’s Wastewater Management Plan as approved by the N.J.D.E.P.

§528-2. Powers and Duties.
Vernon Township Municipal Sewer Utility Authority hereby created is a Utilities Authority as contemplated and provided for by said Municipal and County Utilities Authority law, except as limited by this Ordinance and shall have and exercise all of the powers and perform all of the duties provided for by said Municipal and County Utilities Authority law and any other powers which may hereafter be conferred by law upon Municipal Utilities Authorities within the territorial boundaries of the Township of Vernon, County of Sussex, State of New Jersey. The Municipal Utilities Authority shall operate on a fiscal year commencing October 1 and ending September 30, with an annual report given both written and orally to the Township Council.

§528-3. Limitation of Powers

  1. Pursuant to the approvals granted by the Local Finance Board on April 5, 2011, the Vernon Township Municipal Sewer Utility Authority shall:
    1. Not pay or grant benefits for appointed members of the authority;
    2. Create and maintain a website or a dedicated portion of the Township’s website that will include names and biographies of all members, contact information, copy of the yearly budgets, and a copy of the annual audits;
    3. Create and follow an anti-nepotism policy that directs that no Authority employee can be related to Authority commissioners or to Township elected officials.
  2. Any modification of the limitations set forth in subsection A must receive Local Finance Board Approval.

§528-4. Appointment of Members.
The Vernon Township Municipal Sewer Utility Authority shall consist of five (5) Members; there may also be appointed two (2) alternates who shall be designated “Alternate No. 1” and “Alternate No. 2,” respectively. Said Members and Alternate Members shall be appointed by Resolution of the Council of the Township of Vernon in the manner provided by law. The terms of the Members shall be five (5) years, except that the Members first appointed shall have terms expiring on the first day of the first, second, third, fourth, and fifth Februarys next ensuing after the date of their appointment. The terms of the Alternate Members shall also be for five (5) years, commencing on February 1 of the year of appointment; but of the first Alternate Members so appointed, one shall be appointed for a term of four (4) years and one for a term of five (5) years.

SECTION II The Code of the Township of Vernon is hereby amended to delete Sections 5-73 to 5-75 in their entirety and reserve those sections for future use.

SECTION III Severability. The various parts, sections and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

SECTION IV Repealer. Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed as to their inconsistencies only.

SECTION V This Ordinance shall take effect upon final passage and publication.